Legislation that would allow employers to access the criminal history of prospective employees is being sought by officials in the Department of Justice.
In a briefing note prepared for Minister for Justice Charlie Flanagan, the officials advise of the "genuine requirement" to allow employers have such information available to them.
The department also advises of the need for individuals to be able to produce their own criminal history information. It says such measures are necessary in limited circumstances, for example emigration purposes.
“Proposals are being developed for a criminal records certificate to address this need – they will require legislation to be put in place,” the briefing note says.
While certain professions require Garda vetting before people take up positions, in particular involving children or vulnerable adults, there is currently no specific mechanism for carrying out a criminal check on an employee in the State.
Urgency
The legislative change would allow employers to seek a certificate in specific circumstances.
However, the briefing paper does not define what these might be.
Officials also advised Mr Flanagan of the need to progress a number of pieces of legislation including enacting the Reformed and Consolidated Domestic Violence Bill.
The department stresses the urgency for a priority drafting of an urgent Bill to amend the Coroners Act 1962 to provide for a mandatory approach to the reporting to, and investigation of, by a coroner of a range of deaths including maternal deaths and other related matters.
Other areas of concern raised are in the area of legal aid and the need to increase the efficiency of the criminal legal aid system and to provide for greater control of costs.
Mr Flanagan is also advised of the requirement to establish a family court which would deal with family law and domestic violence cases. He will have to assess where the courts will be based, the number of judges assigned and the resources available to the family courts.
Stalled
The department prepared the paper for the Minister when he replaced Tánaiste Frances Fitzgerald in the role after last month. This followed after the Cabinet reshuffle after Leo Varadkar's election as Taoiseach.
Mr Flanagan was informed of a number of fairly major pieces of legislation “which are stalled in the drafting system”.
These include a major overhaul of the landlord and tenant legislation “which replaces out of date legislation going back hundreds of years in some cases with a more modern regime, the inevitable result of which will be to simplify the law and reduce costs of litigation in this complex area”.
“A second stalled project relates to sale of alcohol and reform of the liquor licensing laws, again to consolidate and simplify the law in this complex area and again with the potential to significantly reduce costs and complexity in the legal system in this area.”
